5.1.1 InterDigital's Patents. The license granted by QUALCOMM under Section 5.1 with respect to InterDigital's Patents is subject to all other limitations set forth in this Agreement which are applicable to all of QUALCOMM's Intellectual Property licensed hereunder and is also subject to the following limitations:
a. No provision set forth herein shall be construed so as
to grant any right or license under InterDigital's Included Patents with respect to time division multiple access (TDMA) technology; provided, however, that such limitations shall not in any way limit any of the rights granted under this Agreement to utilize InterDigital's Patents to implement the CDMA (or non-TDMA) aspects of any Licensed Products, even if such Licensed Products include TDMA;
provided, however, in such case only the non-TDMA use of such Licensed Product will be licensed under InterDigital's Patents. By way of example, if a Licensed Product can operate in both IS-54 (TDMA) and IS-95 (CDMA) modes, the use of such Licensed Product in the IS-54 TDMA mode would not be licensed.
b. With respect to those Licensed Products manufactured and
Sold by LICENSEE which do not incorporate CDMA ASICs purchased from QUALCOMM (the "Non-CDMA ASIC Licensed Products"), the license granted by QUALCOMM under
InterDigital's Patents may terminate in accordance with the provisions set forth below:
i. After November 2, 1996. If, at any time after November
2, 1996, LICENSEE (or its Affiliate) initiates a CDMA patent infringement lawsuit against InterDigital or its affiliates (or their customers) asserting that any product manufactured and sold by InterDigital for use in non-IS-95
based wireless applications infringes any patents and LICENSEE (or its Affiliate) does not prevail in such lawsuit, then the license under InterDigital's Patents granted by QUALCOMM to LICENSEE under this Agreement, with respect only to Non-CDMA ASIC Licensed Products, shall immediately terminated.
ii. Licensed Products that Contain QUALCOMM's CDMA ASICs.
Notwithstanding whether or not the license under InterDigital's Patents terminates as to Non-CDMA ASIC Licensed Products, as set forth in paragraph b. i. above, Licensed Products manufactured and Sold by LICENSEE which do incorporate CDMA ASICs purchased from QUALCOMM will remain licensed under InterDigital's Patents pursuant to Section 5.1.
c. The license under InterDigital's Patents is limited to use in Wireless Applications which spread the CDMA signal over not more than a 10 MHz bandwidth. |
